Louisiana Lawyer Blog

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP's estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs' lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

Continue reading "BP Oil Spill Settlement Reached" »

The Governor's Task Force on DWI and Vehicular Homicide recently suggested that the state require judges to sentence all convicted drunk drivers to some jail time. In light of the upcoming legislative session, Sen. Jonathon Perry now intends to introduce a bill that would mandate jail time for DWI offenders by eliminating a judge's discretion to reduce DWI sentences.

Sen. Perry believes that the proposed legislation would assist the state in reducing alcohol-related injuries and fatalities. However, critics argue that judges need this discretion to justly sentence some DWI offenders, particularly first-time offenders with no history of substance abuse. Sen. Perry indicated that he may be willing to compromise for first-time offenders.

Continue reading "Acadiana Area Senator To Tackle DWI Sentencing" »

A Costa cruise ship caught fire early this week, leaving over 1,000 passengers stranded in the Indian Ocean. After the ship's generator room caught fire, the ship was left without electricity and began to drift. Authorities rushed to the liner to help passengers and to search for the cause of the accident.

This fire occurred only one month after Costa's Italian cruise tragedy that killed over 25 people and left seven others missing. In light of these two accidents, Congress met to evaluate the safety of cruise ship vessels using U.S. ports. The hearing reviewed the adequacy of current U.S. cruise ship safety regulations and sought to find a cause of last month's deadly accident.

Continue reading " Ship Fire Leads to Question of Vessel Safety on Capitol Hill" »

State transportation officials began the next phase of its 22 ½ mile project to a build cable barrier along I-10's median between Baton Rouge and New Orleans. Studies suggest that cable barriers are an effective means of preventing deadly crossover crashes.

Crossover accidents can occur when a driver loses control of his vehicle, and the vehicle crosses over the median into oncoming traffic. Common causes of these accidents include speeding, distracted driving, drunk driving, unexpected changes in road conditions, or hydroplaning. All too often, in a crossover accident, an innocent driver's vehicle is struck by an unexpected oncoming vehicle, resulting in serious injury or even death.

In the past, crossover crashes have been a major cause of highway fatalities in Louisiana. However, these cable barriers appear to be a step in the right direction for protecting Louisiana drivers. State troopers reported an almost immediate reduction in crossover accidents since the installation of the first installment of the cable barrier along I-10. According to state officials, the existing cable barrier on I-10 already reduced crossover accidents by 100 percent.

Continue reading "Louisiana DOT to install more cable barriers on I-10" »

An Amtrak Train carrying over 70 passengers derailed in Michigan this week after colliding with a large truck that was stuck on its tracks. The accident sent 10 people to the hospital. This accident follows a string of recent Amtrak crashes over the past year, including two Louisiana Amtrak accidents that occurred in less than 24 hours last April.

In 2011 alone, there were over 10,000 train accidents in the United States. Many of these accidents occur at railroad crossings. Railroad crossings can be extremely dangerous junctures and often present challenging legal questions. As a common carrier, train operators are required by law to exercise a greater duty of care when operating the train. Nevertheless, it is often difficult to pinpoint the negligent actor in a railroad crossing accident.

Continue reading "Derailed Train Causes Injuries" »

November has been a tragic month for air travel. Three separate private planes have already been in the headlines this month. The first plane crash, killed two Oklahoma State University coaches and all passengers on board. The second plane crashed in Arizona, tragically killing an entire family. The third plane crashed in Georgia, killing a married couple and their 24-year-old son. Federal investigators continue to search for the cause of these devastating crashes.

Private air planes pose unique aviation safety concerns. Compared to commercial pilots, private pilots often undergo less training. With less training, these pilots may lack the experience needed to adequately react to emergency situations in transit, such as unexpected extreme weather, wind gusts or a mechanical malfunction.

Another common problem that arises with private planes is mechanical failure or negligent plane maintenance. At times, mechanics and private plane manufacturers cut corners when it comes to ensuring that private planes are suitable for flight because these planes are not common carriers and typically carry less people than commercial airlines.

Continue reading "November: A Deadly Month for Private Planes" »

Two Louisiana workers suffered fatal work-related injuries this month. In Houma, a Gulf Island Fabrication worker was killed when a cable at his work site loosened in the process of moving a 700-pound metal sheet piling. Also, a R&R Construction contractor was electrocuted and killed while working on a chlor-alkali unit.

These two tragic accidents highlight the critical need for employers to maintain safe working environments for workers, especially in the construction industry. The construction industry remains one of the most dangerous industries for workers, and all too often many of these hazards stem from employer negligence.

Employers are legally required to provide a reasonably safe work environment and to warn workers of all hazards associated with their work. If an employer fails to meet these requirements and this failure causes an employee's injury, the employer may be held legally responsible for the injury. Examples of employer negligence include an employer's failure to implement adequate safety procedures and an employer's failure to properly train employees. An employer may also be held liable if it knowingly subjects its employees to dangerous working conditions.

Continue reading "2 Louisiana Workers Killed in Work Injury Accidents" »

After fatal plane crashes at two different air shows within a 24-hour-period, critics are now questioning air show safety in the United States. The first plane crashed in Reno at the National Championship Air Races, killing nine people, including its 74-year-old pilot, and seriously injuring 69 bystanders. Just one day after this accident, another plane crashed at an air show in West Virginia, killing the pilot.

Investigators believe a mechanical error caused the missile-like impact of the Reno crash. Bystanders at the Reno air race reported hearing an unusual gurgling engine noise before the plane plunged into the crowd. The cause of the West Virginia plane crash remains unknown. The pilot attempted to begin an air routine but the plane crashed prior to his completion of the maneuver. National Transportation Safety Board (NTSB) investigators are now at the scene to determine the cause of the accident.

Currently, the Federal Aviation Administration (FAA) has a substantial role in ensuring spectator safety at U.S. air shows. Prior to an air show, the FAA reviews the show's plans and inspects participants' planes and courses to ensure spectator safety in the event of a crash. The FAA also requires pilots to obtain medical certificates prior to participating in an air show and to prove that they are competent to participate in the show.

Continue reading "Air Show Safety" »

A Colorado-based melon farm issued a recall last week after its cantaloupes tested positive for listeria, a deadly bacteria. The contaminated cantaloupes have been linked to at least two deaths and 22 illnesses in Colorado and New Mexico. State authorities believe that this number could increase in more states pending test results.

In light of news of another bacterial outbreak linked to produce, it is no surprise that about 76 million Americans suffer from food poisoning each year. Food contamination can occur at any stage of food production. For this reason, farms, processors, food handlers and restaurants have a duty to adequately manage food products with care and to ensure that their products are safe for consumption.

Continue reading "Colorado Food Poisoning " »

The U.S. Coast Guard and Department of Interior's Bureau of Ocean Energy Management and Enforcement released a 500-page report this week finding BP primarily responsible for the Gulf Oil Spill. The report revealed that the company took many shortcuts in an attempt to cut costs and complete its troubled well project.

The report states that the primary cause of the drilling rig's explosion was defective cement at the base of the well. This cement is typically used to contain oil and gas within the wellbore. According to a detailed analysis of the report, this failure led to a chain of errors that ultimately caused natural gas to shoot onto the drilling platform and ignite the explosion. '

This final report could affect the allocation of liability among the parties responsible for the spill in subsequent litigation and increases the likelihood that BP will face criminal charges for its role in the Gulf Oil Spill. The report makes clear that BP, as the owner of the well, was responsible for the accident and further indicates that Transocean and Halliburton, BP's chief contractors who supplied the cement, contributed to the deadly errors.

Continue reading "BP Shortcuts Blamed for Gulf Oil Spill" »

The Louisiana Supreme Court recently held in McGolthlin v. Christus St. Patrick Hosp. that a Medical Review Panel's finding is not subject to mandatory admissibility when the Medical Review Panel exceeded its statutory authority by making its determination based on of a finding of credibility.

In Louisiana, a plaintiff suing for medical malpractice is statutorily required to appear before a Medical Review Panel. La. R.S. 40:1299.47 governs this procedure. The panel is comprised of three health care providers licensed to practice in Louisiana and one attorney.

Before the panel, both parties present their case and evidence. The panel then decides whether the allegedly negligent doctor breached an applicable medical standard of care. The statute requires that the panel's finding must be offered into evidence in court.

The Court's holding purports to ameliorate any inequity that may result when a medical review panel exceeds its statutory authority. Now, if the panel inappropriately makes a credibility determination, the panel's decision will carry no weight in subsequent malpractice litigation.

Continue reading "Louisiana Medical Review Panel's Findings Not Admissible" »

Tobacco companies will now have to pay $270 million for the implementation of a smoking cessation program after the U.S. Supreme Court reinstated a Louisiana court order that was unilaterally blocked by Justice Scalia last September. The Court also denied the tobacco companies' appeal.

Louisiana smokers first filed a class action lawsuit against tobacco companies in 1996. A jury ruled in favor of the class, and a Louisiana court ordered tobacco companies to make multi-million dollar payments toward programs to help smokers quit smoking.

Although Supreme Court justices have the power to block another court's order, the justices rarely use this power. In blocking the order, Justice Scalia cited his concern for the rising abuse of class action lawsuits in state courts. The Court recently addressed this same concern in Dukes v. Wal-Mart, rejecting a class of 1.5 million female Wal-Mart workers alleging sex discrimination.

Continue reading "High Court Orders Tobacco Companies to Pay $270 Million " »

Governor Bobby Jindal recently signed House Bill 291 into law, prohibiting underage drinking in waterways. The new law also increases fines for the careless operation of a watercraft and imposes penalties for flight from an officer on water.

Until this legislation, uncertainty existed as to whether the State's underage drinking prohibitions applied to waterways. According to the bill's authors, the legislation is now clear: A person must be 21 to consume alcoholic beverages on a boat.

The same bill also rewrote the state's law regarding the careless operation of a watercraft. The new law requires a watercraft's operator to issue warning signals in fog or bad weather, to operate the boat at reasonable speeds and to maintain a proper lookout. Violations of the law may result in up to a $300 fine, 30 days in prison, or both.

Continue reading "Boating Safety in Louisiana" »

The Supreme Court insulated generic pharmaceutical companies from state failure to warn claims concerning inadequate labeling last week. The Court held that federal law preempted generic drug makers from consumer state law claims that assert generic drug makers' failure to include adequate warning labels about possible side effects.

In its reasoning, the Court stated that generic drug companies have no choice but to comply with federal law and cannot be held liable when they fully comply with the FDA's regulations regarding generic drug labeling. According to the opinion, federal law already requires generic pharmaceutical companies to use warning labels that are identical to their name-brand counterparts.

Preemption occurs when a state law conflicts with a federal law, rendering compliance with both laws a physical impossibility. Under the Supremacy Clause, federal law prevails and trumps state law. Due to the FDA's extensively regulation of the drug industry, state failure to warn claims relative to drug side effects are often preempted by federal law.

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The U.S. Supreme Court revived a West Virginian state-class action lawsuit against Bayer Pharmaceuticals, the manufacturer of the cholesterol-lowering drug Baycol. The Supreme Court held that a Minnesota federal court exceeded its authority under the Anti-Injunction Act by banning a West Virginian state-class action suit. The federal court issued the injunction to prevent the West Virginian state-class action suit after it refused to certify a federal class of West Virginian plaintiffs. The federal court stated that the injunction prevented the West Virginian plaintiffs from relitigating already decided issues. The Supreme Court reversed the federal court's ruling, holding that the Minnesota federal court had no authority to ban the state court suit because the state suit differed from the federal case and lacked a connection to the federal suit.

The Food and Drug Administration approved the cholesterol-lowering drug, Baycol, in the late 90s. Bayer quickly removed the drug from the market upon discovering its link to several dangerous side effects, including a fatal muscle breakdown disorder. When an individual is injured from prescribed medication, redress is sometimes available under a products liability claim.

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